Kilmer v. Connecticut Zinc Corp.
Missouri Court of Appeals
Appeal from the Circuit Court of Jasper County.— Hon. Joseph D. Perkins, Judge. (1) When plaintiff turned his back to the danger of falling rock, when he .might have faced it, in safety, he was guilty of contributory negligence, as a matter of law 26 Cyc. 1249, 1257, and 1258; Montgomery v. Railroad, 109 Mo. App. 88; Sparks v. Railroad, 31 Mo. App. 114, 115; Schiller v. Breweries Co., 156 Mo. App. 579, 580; Craig v. Railroad, 54 Mo.
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Appeal from the Circuit Court of Jasper County.— Hon. Joseph D. Perkins, Judge. (1) When plaintiff turned his back to the danger of falling rock, when he .might have faced it, in safety, he was guilty of contributory negligence, as a matter of law 26 Cyc. 1249, 1257, and 1258; Montgomery v. Railroad, 109 Mo. App. 88; Sparks v. Railroad, 31 Mo. App. 114, 115; Schiller v. Breweries Co., 156 Mo. App. 579, 580; Craig v. Railroad, 54 Mo. App. 527; Smith v. Box Co., 193 Mo. 737; Degonia v. Ry. Co., 123 S. W. 816w 224 Mo. 5' lloerr v. Brewing Association, 176 Mo. 556, 557; Van Dyke v. Railroad Co.,…
1Opinion of the CourtFarrington, J.
The plaintiff recovered a judgment against defendant for personal injuries which he received while working as a watchman and boulder popper in a mine owned and operated by the defendant company. It is a master and servant case.
The ground in which the defendant was operating its mine was old mining ground which had been operated for a good many years, and the ore was dropped from one drift to another through what was called “pull holes.” That is, the ore was shot out in an upper drift, dropped through these pull holes to a drift below, or more accurately, was fed through the pull holes, they…
Also in this document: Concurrence.
2Cases cited6 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Rogers v. Tegarden Packing Co.Missouri Court of Appeals · 1914
- Doerr v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1903
- Montgomery v. Chicago, Great Western Railway Co.Missouri Court of Appeals · 1904
- Schiller v. Kansas City Breweries Co.Missouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Keeney v. CallowSupreme Court of Missouri · 1961